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Death and Divorce: What Estate Planning and Family Law Attorneys Need to Know

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Death and Divorce: What Estate Planning and Family Law Attorneys Need to Know Death and Divorce: What Estate Planning and Family Law Attorneys Need to Know November 17, 2015 9:00 a.m. - 12:00 p.m. CBA Law Center New Britain, CT CT Bar Institute, Inc. CLE Credit 3.0 Hours No representation or warranty is made as to the accuracy of these materials. Readers should check primary sources where appropriate and use the traditional legal research techniques to make sure that the information has not been affected or changed by recent developments. Lawyers’ Principles of Professionalism As a lawyer I must strive to make our system of justice work fairly and Where consistent with my client's interests, I will communicate with efficiently. In order to carry out that responsibility, not only will I comply opposing counsel in an effort to avoid litigation and to resolve litigation with the letter and spirit of the disciplinary standards applicable to all that has actually commenced; lawyers, but I will also conduct myself in accordance with the following Principles of Professionalism when dealing with my client, opposing I will withdraw voluntarily claims or defense when it becomes apparent parties, their counsel, the courts and the general public. that they do not have merit or are superfluous; Civility and courtesy are the hallmarks of professionalism and should not I will not file frivolous motions; be equated with weakness; I will endeavor to be courteous and civil, both in oral and in written I will make every effort to agree with other counsel, as early as possible, on communications; a voluntary exchange of information and on a plan for discovery; I will not knowingly make statements of fact or of law that are untrue; I will attempt to resolve, by agreement, my objections to matters contained in my opponent's pleadings and discovery requests; I will agree to reasonable requests for extensions of time or for waiver of procedural formalities when the legitimate interests of my client will not be In civil matters, I will stipulate to facts as to which there is no genuine adversely affected; dispute; I will refrain from causing unreasonable delays; I will endeavor to be punctual in attending court hearings, conferences, meetings and depositions; I will endeavor to consult with opposing counsel before scheduling depositions and meetings and before rescheduling hearings, and I will I will at all times be candid with the court and its personnel; cooperate with opposing counsel when scheduling changes are requested; I will remember that, in addition to commitment to my client's cause, my When scheduled hearings or depositions have to be canceled, I will notify responsibilities as a lawyer include a devotion to the public good; opposing counsel, and if appropriate, the court (or other tribunal) as early as possible; I will endeavor to keep myself current in the areas in which I practice and when necessary, will associate with, or refer my client to, counsel Before dates for hearings or trials are set, or if that is not feasible, knowledgeable in another field of practice; immediately after such dates have been set, I will attempt to verify the availability of key participants and witnesses so that I can promptly notify I will be mindful of the fact that, as a member of a self-regulating the court (or other tribunal) and opposing counsel of any likely problem in profession, it is incumbent on me to report violations by fellow lawyers as that regard; required by the Rules of Professional Conduct; I will refrain from utilizing litigation or any other course of conduct to I will be mindful of the need to protect the image of the legal profession in harass the opposing party; the eyes of the public and will be so guided when considering methods and content of advertising; I will refrain from engaging in excessive and abusive discovery, and I will comply with all reasonable discovery requests; I will be mindful that the law is a learned profession and that among its desirable goals are devotion to public service, improvement of In depositions and other proceedings, and in negotiations, I will conduct administration of justice, and the contribution of uncompensated time and myself with dignity, avoid making groundless objections and refrain from civic influence on behalf of those persons who cannot afford adequate legal engaging I acts of rudeness or disrespect; assistance; I will not serve motions and pleadings on the other party or counsel at such I will endeavor to ensure that all persons, regardless of race, age, gender, time or in such manner as will unfairly limit the other party’s opportunity disability, national origin, religion, sexual orientation, color, or creed to respond; receive fair and equal treatment under the law, and will always conduct myself in such a way as to promote equality and justice for all. In business transactions I will not quarrel over matters of form or style, but will concentrate on matters of substance and content; It is understood that nothing in these Principles shall be deemed to supersede, supplement or in any way amend the Rules of Professional Conduct, alter existing standards of conduct against which lawyer conduct I will be a vigorous and zealous advocate on behalf of my client, while might be judged or become a basis for the imposition of civil liability of recognizing, as an officer of the court, that excessive zeal may be any kind. detrimental to my client’s interests as well as to the proper functioning of our system of justice; --Adopted by the Connecticut Bar Association House of Delegates on June 6, 1994 While I must consider my client’s decision concerning the objectives of the representation, I nevertheless will counsel my client that a willingness to initiate or engage in settlement discussions is consistent with zealous and effective representation; DEATH AND DIVORCE: WHAT ESTATE PLANNING AND FAMILY LAW ATTORNEYS NEED TO KNOW TABLE OF CONTENTS BIOS……...…………………………………………………………………………………..4 Jeffrey L. Crown, Trustlawyer LLC, Rocky Hill … ……...............………………...……..7 Some Estate Planning Implications of Marriage and Divorce David A. McGrath, Louden Caisse Hanney LLC, Hartford ……………………….………20 CGS 46b-81 CGS 46b-82 Rubin v. Rubin, 204 Conn 224 (1987) Bartlett v. Bartlett, 220 Conn. 372 (1991) Spencer v. Spencer, 71 Conn. App. 475 (2002) Standish v. Standish (1998) Greenwich Trust Co. v. Tyson, 129 Conn. 211 (1942) Sheetz v. Sheetz, 2001 Conn. Super. (2001) Powell-Ferri v. Ferri, 2013 Conn. Super. (2013) Powell-Ferri v. Ferri, 2014 Conn. Super. (2014) Ferri v. Powell-Ferri, 317 Conn. 223 (2015) Pfannenstiehl v. Pfannenstiehl, 88 Mass App. Ct. 121 (2014) Edith McClure, Greater Hartford Legal Aid Inc., Hartford……………………………..…129 McHugh v. McHugh § 46b-36d Content of premarital agreement § 46b-36f Amendment or revocation of premarital agreement after marriage § 46b-36g Enforcement of premarital agreement Automatic orders and case cites Elizabeth L. Leamon, Leckerling Ladwig & Leamon LLC, Madison………………………….…………………………………………………………..142 Until Death or Divorce Do Us Part Discovery Samples Bedrick v. Bedrick_ 300 Conn. 691 Centmehaiey v. Centmehaiey 2014 Conn. Super. Fustini v. Fustini_ 2015 Conn. Super. Hornung v. Hornung_ 2014 Conn. Super. - mod prenup upheld Faculty Biographies Jeff Crown For over thirty years, Jeff Crown has had a deep interest in the psychological and emotional aspect of estate planning, administration and litigation. He has advised hundreds of clients regarding complicated family dynamics, including sibling rivalries, substance abuse, “outlaw” in-laws and children who don’t share their parents’ values of work and thrift. He has lectured widely at seminars throughout the country including the University of Miami and Notre Dame Estate Planning Institutes, The State Bar of Texas Advanced Probate Course and the New Mexico and Oklahoma Tax Institutes. He has written for publications including J.K. Lasser’s Estate Tax Techniques, The Review of Taxation of Individuals, Estate Planning and The Estates Gifts and Trusts Journal. Jeff is a former associate editor of Probate and Property and is a member of the Connecticut Bar Association Estate and Probate Executive Committee. He is a former member of the Tax Management Estates, Gifts and Trusts Advisory Board and is a Fellow of the American College of Trust and Estate Counsel. He is listed in “The Best Lawyers in America” and in “Who’s Who in American Law.” He is a graduate of the University of Connecticut Law School and has done graduate study in tax law at New York University. Elizabeth L. Leamon Elizabeth L. Leamon currently focuses her practice on estate settlement, estate planning and contested matters in probate court. Beth also has a litigation background with experience in divorce and appellate law. Beth works primarily with families and individuals providing counsel to craft sophisticated estate plans, including, wills, revocable and irrevocable trusts, special needs trusts, LGBT planning, and even pet trusts. She also works with clients to develop succession plans for family businesses and real estate, asset protection, including pre and post-martial agreements, and plans for charitable giving. She was named a “Rising Star” among Connecticut lawyers by Connecticut Magazine from 2010-2013. She served as Chair of the New Haven County Bar Association Trusts, Estates and Probate Committee and a member of the Executive Committee of the Connecticut Bar Association, Estates and Probate Section. From 2002 to 2003, she worked as Law Clerk to the Honorable Richard N. Palmer, Associate Justice of the Connecticut Supreme Court. Beth began private practice in 2003 at the Connecticut law firm of Tyler Cooper & Alcorn, LLP and thereafter, at Murtha Cullina LLP. She is currently a partner at the firm of Leckerling Ladwig & Leamon LLC. Beth graduated from the University of Connecticut Law School with honors in 2002, New York University (M.A., 1991) and Connecticut College (B.A., cum laude, 1989), Phi Beta Kappa.
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